ARMISTED v. STATE FARM MUT. AUTO. INS. CO.

Nos. 09-2055, 09-2113.

675 F.3d 989 (2012)

Pamela ARMISTED, Guardian of J.B.; J.B., a minor, by Pamela Armisted, Guardian; Kathleen Chauvin, Parent and Guardian of Joseph Chauvin; Joseph Chauvin; Jerry Wagner, Brother and Guardian of Leslie Stewart; Leslie Stewart; Harold Adams, Guardian of Joshua Adams; Eileen Adams, Guardian of Joshua Adams; Joshua Adams; Gary Parks, Guardian of Towanda Parks; Towanda Parks, Plaintiffs-Appellants/Cross-Appellees, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 12, 2012.


Attorney(s) appearing for the Case

ARGUED: Larry A. Smith , Southfield, Michigan, for Appellants. James G. Gross , Gross & Nemeth, P.L.C., Detroit, Michigan, for Appellee. ON BRIEF: Larry A. Smith , Southfield, Michigan, for Appellants. James G. Gross , Gross & Nemeth, P.L.C., Detroit, Michigan, James F. Hewson , Hewson & Van Hellemont, P.C., for Appellee.

Before: MARTIN and GRIFFIN, Circuit Judges; ANDERSON, District Judge.


OPINION

GRIFFIN, Circuit Judge.

Plaintiffs are six individuals who suffered catastrophic, traumatic brain injuries as the result of automobile accidents. They seek payment of no-fault insurance benefits for the cost of home attendant care services they have received. As plaintiffs' first-party insurer, defendant State Farm Mutual Automobile Insurance Company ("State Farm") initially paid benefits at the rates...

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